VERDICT IN GLEN RIDGE

VERDICT IN GLEN RIDGE; 4 Are Convicted in Sexual Abuse Of Retarded New Jersey Woman

By ROBERT HANLEY,

Published: March 17, 1993

NEWARK, March 16—
Three former high school football players from Glen Ridge, N.J., were convicted here today on charges of sexually assaulting a retarded friend with a baseball bat and a broom handle after enticing her into a basement with the promise of a date in March 1989. A fourth defendant was convicted of one count of conspiracy and acquitted of all other charges.

Although the three, Christopher Archer and Kevin and Kyle Scherzer, were acquitted of six charges, the jury returned guilty verdicts on the most inflammatory charges in the case -- that popular high school athletes clustered around a childlike 17-year-old schoolmate who idolized them and coveted their friendship and then thrust a bat and broom into her.

A central issue in the 23-week trial was whether the young woman, who has an I.Q. of 64, was mentally defective as defined by the law, unable to understand or exercise her right to refuse to engage in sex acts. Whether the Men Knew

In an interview this afternoon, one juror, Mario Tolentino, said the jury agreed early in its eight days of deliberations that the 21-year-old woman was mentally defective and unable to exercise her legal right to say no. He said it took three days of often angry debate to resolve another crucial element in the state's law on mental defectiveness: whether the defendants knew or should have known the young woman lacked the ability to refuse. [ Page B4. ]

Since the arrest of the defendants almost four years ago, the case has sharply split residents of their stately suburban town of 7,000. Some denounced it as an immoral outgrowth of community worship of high school athletics. Supporters of the defendants criticized the young woman as flirtatious and eager for sexual adventure.

That argument was the foundation of the defense strategy: to depict the young woman as a seductress and suggest that in fact it was their clients who were the victims. Helpful Verdict, Harmful Trial

The trial had been closely watched by a broader audience: advocates for the mentally retarded, women's-rights leaders and experts in rape law.

"It was the clearest message we could hope for that the public outrage over the acts was shared by the jury and the community at large," said Herbert Lev, president of the Association of Retarded Citizens of Essex County, N.J. "The verdict showed clearly that such exploitation will not be tolerated."

At the same time they welcomed the verdict, women's advocates and experts in rape law said that the trial may have set back efforts to help rape victims come forward in an atmosphere of respect. They were particularly critical of a pretrial ruling that lifted New Jersey's rape shield law to allow testimony about the young woman's sexual history.

The verdict today was harshest against Mr. Archer, 20, and Kevin Scherzer, 22. They were convicted of a second-degree count of conspiracy and two first-degree counts of aggravated sexual assault with the bat and broom -- one for assault against a mentally defective woman and the other for use of force or coercion. Kevin's fraternal twin, Kyle, was found guilty of second-degree conspiracy, first-degree aggravated sexual assault by use of force or coercion and second-degree attempted aggravated sexual assault.

Mr. Grober, 21, was convicted of a single third-degree conspiracy charge. He was acquitted of two charges involving the bat and broom. And all four defendants were found not guilty of two charges involving an act of fellatio on Mr. Grober, two charges of touching the young woman's breasts and two charges of forcing her to masturbate the defendants.

The four defendants stood stony-faced as the trial judge, R. Benjamin Cohen, read the jury's verdicts shortly before 11:30 A.M. Mr. Archer at times glared at the jurors and then at reporters in the spectator gallery. His mother sat ashen-faced, as did Mr. Grober's mother, Rosemary, and his father, Nathan, a physician. The Scherzer twins' father, John, sat slumped over among the spectators.

All but Dr. Grober, who has attended nearly every day of the trial, declined comment after the verdict. Asked for reaction, he said only, "Enough is enough." 3 Defendants Called Rapists

A prosecutor, Robert D. Laurino, called Mr. Archer and the Scherzer twins "rapists" and threats to their community and asked Judge Cohen to revoke their bail, which ranges from $1,500 to $2,500, and order them to jail. He condemned Mr. Archer as the "mastermind" of the 1989 encounter and said his co-defendants had him "to thank for their predicament."

"This individual is extremely dangerous and he should be separated from society," Mr. Laurino said. "We do not want predatory sex offenders on the street."

He contended that Mr. Archer had been involved in a separate sexual assault against a female college student after his arrest in the Glen Ridge case in May 1989. Mr. Laurino refused to give further details, saying Judge Cohen had ordered all relevant documents sealed.

Judge Cohen rejected Mr. Laurino's request and let all four men remain free on bail until the sentencing date, which he set for April 23. As Little as 5 Years